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Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

What does the 2021 Clean Slate legislation cover?

If you have a conviction for a nonviolent crime, you may apply to have it removed from your Michigan criminal record. Afterward, you can truthfully state that your arrest and conviction never happened. Without the conviction, you may become eligible for financial aid, loans, and particular jobs.

According to the Michigan Courts, setting aside a conviction, or expungement clears an individual’s public criminal record. This means it no longer shows during a standard background check. The Clean Slate legislation that took effect in April 2021 expands the eligible offenses of prior statutes.

Legislation key points

Eligible offenses include up to three felonies and an unlimited number of misdemeanors. However, only certain types of crimes qualify. If you remain conviction-free, the waiting period before you can apply for expungement is as follows:

  • Misdemeanors – Three years
  • Serious misdemeanors or one felony – Five years
  • Multiple felonies – Seven years

The new statutes may treat several misdemeanors or felonies from the same 24-hour period as a single conviction, depending on the unique circumstances of your case. A judge may grant expungement if your misdemeanor marijuana possession and use is not a crime after the legalization of recreational marijuana.

Convictions ineligible for expungement

Despite the new legislation, a broad range of crimes remains ineligible for expungement. Felonies that carry a maximum punishment of life in prison and felony domestic violence are not eligible. DUIs and traffic offenses that caused an injury or fatality remain ineligible. Convictions for child abuse and most criminal sexual conduct offenses also do not qualify. Understanding the new guidelines is critical for ensuring the protection of your rights and moving forward with the rest of your life.